Joel S. Nolette

Joel advocates on behalf of corporate and individual clients in a broad spectrum of matters, including complex commercial disputes, regulatory issues, statutory interpretation controversies, and constitutional cases. He has experience in all phases of litigation, from pre-suit counseling through appeal. He has written briefs in cases before the U.S. Supreme Court; the First, Second, Fourth, Ninth, Eleventh, and D.C. Circuits; and federal district courts.

Representative Matters

• Represented several trade associations in an amicus brief before the Ninth Circuit arguing that the plaintiff lacked standing based on an alleged invasion of privacy from the use of the defendant’s session-replay technology on an e-commerce website, helping secure a unanimous decision affirming the dismissal of the lawsuit on this basis.
• Represented a coalition of firearms-industry members in a Supreme Court amicus brief opposing Mexico’s lawsuit against gun manufacturers, resulting in a unanimous decision that the Protection of Lawful Commerce in Arms Act barred the foreign government’s suit.

• Represented a bipartisan, bicameral coalition of Members of Congress in a D.C. Circuit amicus brief supporting the Protecting Americans from Foreign Adversary Controlled Applications Act, resulting in a decision upholding the law under the First Amendment and other constitutional provisions. Subsequently represented the Select Committee on the CCP’s Chair and Ranking Member in a Supreme Court amicus brief supporting the D.C. Circuit’s decision, which the Court unanimously affirmed.

• Defended a data broker in successive privacy and unfair-trade-practices lawsuits, resulting in favorable dismissals of the cases.
• Defended a tribal corporation in breach-of-contract litigation based on a contract subject to arbitration, resulting in a favorable voluntary dismissal of the lawsuit.
• Defended a beverage manufacturer against commercial tort claims in arbitration, resulting in a favorable settlement of the dispute.
• Represented an energy company in a product liability dispute, resulting in a favorable settlement of the claims.
• Represented telecommunications trade associations in an amicus brief before the Supreme Court in a constitutional challenge to SEC administrative proceedings, resulting in a favorable decision on the scope of the Seventh Amendment right to jury trial in such proceedings.
• Represented a religious organization in an amicus brief before the First Circuit in support of the Boston City Council’s custom of opening its legislative sessions with an invocation, resulting in a favorable decision affirming the constitutionality of that custom.
• Counseled corporate clients on potential challenges to federal regulations across a range of subjects.
• Counseled immigration clients and represented them in federal, state, and immigration courts.

Professional Experience

• Litigation Associate, Private Law Practice (2017-2019)
• Law Clerk, U.S. Senate Judiciary Committee, Office of Senator Mike Lee (2015-2017)
• Judicial Intern, The Honorable Edward J. McDonough Jr., Massachusetts Superior Court (2015)

Affiliations

• The Federalist Society
• The Catholic Bar Association
• Society for the Rule of Law